Tompkins v. Kanawha Board
West Virginia Supreme Court
Writ of error and supersedeas to a judgment of the circuit court of the county of Kanawha, rendered on the 18th day of June, 1879, in an action in said court then pending, wherein W. H. Tompkins was plaintiff and The Kanawha Board was defendant, allowed upon the petition of said Board. Hon. Joseph Smith, judge of the seventh judical circuit, rendered the judgment complained of.
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Writ of error and supersedeas to a judgment of the circuit court of the county of Kanawha, rendered on the 18th day of June, 1879, in an action in said court then pending, wherein W. H. Tompkins was plaintiff and The Kanawha Board was defendant, allowed upon the petition of said Board. Hon. Joseph Smith, judge of the seventh judical circuit, rendered the judgment complained of. The facts in the case are stated in the opinion of the Court. 1. This case having been properly dismissed at the rules, it was error in the circuit court to reinstate it and set aside the dismission after the 15th day…
1Opinion of the Court
Johnson, President,
announced the opinion of the Court:
In October, 1877, the plaintiff brought his action of trespass on the case against the defendant in the circuit court of Kanawha county to recover damages for the loss of a barge-load of salt. The declaration is as follows:
“Wm. H. Tompkins complains of the Kanawha Board, a corporation duly authorized by laws of the State of West Virginia, and the laws of the State of Virginia, and existing in the State of West Virginia, of a plea *227of trespass on the case, and the said plaintiff says that, whereas, previous to the year 1863, and up to 20th…
2Cases cited5 opinions
- Washington v. B. & O. R. R.West Virginia Supreme Court · 1880
- Sheff v. City of HuntingtonWest Virginia Supreme Court · 1880
- Boyd v. GunnisonWest Virginia Supreme Court · 1878
- Tompkins v. Kanawha BoardWest Virginia Supreme Court · 1881
- James River & Kanawha Co. v. EarlySupreme Court of Virginia · 1856
3Cited by13 opinions
- Ewing v. Lanark Fuel Co.West Virginia Supreme Court · 1909
- Woodell v. West Virginia Improvement Co.West Virginia Supreme Court · 1893
- Mendel & Co. v. City of WheelingWest Virginia Supreme Court · 1886
- Riley v. W. Va. Cent. & P. Railway Co.West Virginia Supreme Court · 1885
- Gerity's Admx. v. HaleyWest Virginia Supreme Court · 1886
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